When bills are not paid within the time the creditor requires, problems with those creditors inevitably arise. First, you can expect frequent creditor phone calls and letters. Next, lawsuits are filed seeking money judgments against your business and potential foreclosure of your real estate. In these situations, it is important that an attorney is retained to handle these lawsuits as soon as possible. We can help you respond to a lawsuit such as a foreclosure action and clearly explain your alternatives.
Negotiating with creditors requires skill and knowledge of Ohio’s collection laws as well as the Bankruptcy Code, in the event bankruptcy would provide the client with a more favorable result. Our attorneys work with you to determine your finances and how best to negotiate your debt, then contact creditors on your behalf to work out a favorable resolution.
When creditors are confronted with the possibility that one of their customers may need to file for bankruptcy, they are often amenable to negotiating a reduced amount to satisfy the debt rather than risking having the debt completely discharged. Depending on the circumstances of the debts, creditors are often willing to take less than what they are owed. Once the debtor business hires legal counsel, the threat of continued litigation and potential defenses to the judgment and its collection, often lead to a favorable settlement of the matter for our clients. Attorneys know the law and the hurdles that the creditor will have in obtaining judgment and collecting the debt, and can evaluate whether the creditor violated any state or federal laws in attempting to collect the debt.
Dworken & Bernstein attorneys can intercede between debtors and creditors, often yielding a more favorable debt resolution than the client anticipated. Sometimes a bankruptcy filing must be considered and we can help navigate that alternative if needed.